N.Lavanya, v. Sri P.Venugopal,
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.602 of 2013 ORDER:
This petition is filed to withdraw F.C.O.P.No.28 of 2013 from the file of Family Court, Mahaboobnagar and transfer the same to Family Court, Ranga Reddy District.
2. Petitioner herein is wife and she filed her affidavit in support of the petition, according to which, her marriage with respondent was performed on 05.05.1999 and a girl and boy were born during the wedlock. According to her affidavit, she was necked out in May 2013 and prior to that, she adjusted with the respondent all these years, in spite of harassment. She stated that she lodged a complaint with Neredmet Police Station on 01.05.2013 and subsequent to that respondent/husband intentionally filed F.C.O.P.No.28 of 2013 for restitution of conjugal rights.
She contended that it is difficult for her to attend proceedings at Mahaboobnagar from Secunderabad with minor boy and that she has no means to meet the travel expenses also. She stated that it would be convenient if O.P is transferred to Family Court, Ranga Reddy, as she is residing at Secunderabad.
3. Respondent in spite of taking time for filing counter did not file any counter disputing the affidavit averments of petitioner.
4. Heard arguments.
5. There is no dispute with regard to relationship between the parties. The main ground on which petitioner sought for transfer of Family O.P from Mahaboobnagar to Ranga Reddy, is
her convenience and her financial status. It is specifically stated that she and her minor son are neglected and both of them are not able to maintain themselves and they are living on the mercy of stepmother at Secunderabad. As seen from the material papers, respondent/husband is a private driver residing at Mahaboobnagar.
6. Considering the reasons stated in the affidavit, which remained un-rebutted and also considering the convenience of wife, F.C.O.P. No.28 of 2013 is withdrawn from the file of Family Court, Mahaboobnagar and transferred to Family Court, Ranga Reddy District for disposal in accordance with law.
7. Accordingly, this Transfer Miscellaneous Petition is allowed. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed. __________________ S. RAVI KUMAR, J Date: 20-02-2015 gvl